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34 U.S.C. § 10284 — Definitions

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34 U.S.C. § 10284 — Definitions

§ 10284. Definitions As used in this subchapter— (1) ‘‘action outside of jurisdiction’’ means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of se- curity services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that— (A) was taken in a jurisdiction where— (i) the law enforcement officer or fire- fighter then was not authorized to act, in the ordinary course, in an official capac- ity; or (ii) the member of a rescue squad or am- bulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; (B) then would have been within the au- thority and line of duty of— (i) a law enforcement officer or a fire- fighter to take, who was authorized to act, in the ordinary course, in an official ca- pacity, in the jurisdiction where the ac- tion was taken; or (ii) a member of a rescue squad or ambu- lance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and (C) was, in an emergency situation that presented an imminent and significant dan- ger or threat to human life or of serious bod- ily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (in- cluding an incident of juvenile delin- quency); or (II) while engaging in a rescue activity or in the provision of emergency medical services; (ii) by a firefighter— (I) while engaging in fire suppression; or (II) while engaging in a rescue activity or in the provision of emergency medical services; or (iii) by a member of a re

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Page 91 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10284 § 10283. National programs for families of public safety officers who have sustained fatal or catastrophic injury in the line of duty The Director is authorized to use no less than $150,000 of the funds appropriated for this sub- chapter to maintain and enhance national peer support and counseling programs to assist fami- lies of public safety officers who have sustained fatal or catastrophic injury in the line of duty. (Pub. L. 90–351, title I, § 1203, as added Pub. L. 100–690, title VI, § 6106(a)(2), Nov. 18, 1988, 102 Stat. 4341; amended Pub. L. 105–180, § 2(a), June 16, 1998, 112 Stat. 511; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(D), Jan. 2, 2013, 126 Stat. 1966.) Editorial Notes CODIFICATION Section was formerly classified to section 3796a–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1203 of Pub. L. 90–351 was renumbered section 1204 and is classified to section 10284 of this title. Another prior section 1203 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 237, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to re- peal by Pub. L. 99–308, § 104(b), May 19, 1986, 100 Stat. 459. AMENDMENTS 2013—Pub. L. 112–239 substituted ‘‘who have sustained fatal or catastrophic injury in the line of duty’’ for ‘‘who have died in the line of duty’’ in section catchline and text. 1998—Pub. L. 105–180 amended text generally. Prior to amendment, text read as follows: ‘‘The Director is au- thorized and directed to use up to $150,000 of the funds appropriated for this subchapter to establish national programs to assist the families of public safety officers who have died in the line of duty.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain excep- tions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title. TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10284. Definitions As used in this subchapter— (1) ‘‘action outside of jurisdiction’’ means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of se- curity services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that— (A) was taken in a jurisdiction where— (i) the law enforcement officer or fire- fighter then was not authorized to act, in the ordinary course, in an official capac- ity; or (ii) the member of a rescue squad or am- bulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; (B) then would have been within the au- thority and line of duty of— (i) a law enforcement officer or a fire- fighter to take, who was authorized to act, in the ordinary course, in an official ca- pacity, in the jurisdiction where the ac- tion was taken; or (ii) a member of a rescue squad or ambu- lance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and (C) was, in an emergency situation that presented an imminent and significant dan- ger or threat to human life or of serious bod- ily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (in- cluding an incident of juvenile delin- quency); or (II) while engaging in a rescue activity or in the provision of emergency medical services; (ii) by a firefighter— (I) while engaging in fire suppression; or (II) while engaging in a rescue activity or in the provision of emergency medical services; or (iii) by a member of a rescue squad or ambulance crew, while engaging in a res- cue activity or in the provision of emer- gency medical services; (2) ‘‘candidate officer’’ means an individual who is enrolled or admitted, as a cadet or trainee, in a formal and officially established program of instruction or of training (such as a police or fire academy) that is specifically intended to result upon completion, in the— (A) commissioning of such individual as a law enforcement officer; (B) conferral upon such individual of offi- cial authority to engage in fire suppression (as an officer or employee of a public fire de- partment or as an officially recognized or designated member of a legally organized volunteer fire department); or (C) granting to such individual official au- thorization or license to engage in a rescue activity, or in the provision of emergency medical services, as a member of a rescue squad, or as a member of an ambulance crew that is (or is a part of) the agency or entity that is sponsoring the individual’s enroll- ment or admission; (3) ‘‘blind’’ means an individual who has cen- tral visual acuity of 20/200 or less in the better eye with the use of a correcting lens or whose eye is accompanied by a limitation in the fields of vision such that the widest diameter Page 92 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10284 1 So in original. Probably should be ‘‘paraplegic;’’. of the visual field subtends an angle no greater than 20 degrees; (4) ‘‘catastrophic injury’’ means an injury, the direct and proximate result of which is to permanently render an individual functionally incapable (including through a directly and proximately resulting neurocognitive dis- order), based on the state of medicine on the date on which the claim is determined by the Bureau, of performing work, including sed- entary work: Provided, That, if it appears that a claimant may be functionally capable of per- forming work— (A) the Bureau shall disregard work where any compensation provided is de minimis, nominal, honorary, or mere reimbursement of incidental expenses, such as— (i) work that involves ordinary or simple tasks, that because of the claimed dis- ability, the claimant cannot perform with- out significantly more supervision, accom- modation, or assistance than is typically provided to an individual without the claimed disability doing similar work; (ii) work that involves minimal duties that make few or no demands on the claimant and are of little or no economic value to the employer; or (iii) work that is performed primarily for therapeutic purposes and aids the claim- ant in the physical or mental recovery from the claimed disability; and (B) the claimant shall be presumed, absent clear and convincing medical evidence to the contrary as determined by the Bureau, to be functionally incapable of performing such work if the direct and proximate result of the injury renders the claimant— (i) blind; (ii) parapalegic; 1 or (iii) quadriplegic; (5) ‘‘chaplain’’ includes any individual serv- ing as an officially recognized or designated member of a legally organized volunteer fire department or legally organized police depart- ment, or an officially recognized or designated public employee of a legally organized fire or police department who was responding to a fire, rescue, or police emergency; (6) ‘‘child’’ means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased or permanently and totally disabled public safety officer who, at the time of the public safety officer’s death or fatal injury (in connection with any claim predicated upon such death or injury) or the date of the public safety officer’s catastrophic injury or of the final determination by the Bureau of any claim predicated upon such catastrophic in- jury, is— (A) 18 years of age or under; (B) over 18 years of age and a student as defined in section 8101 of title 5; or (C) over 18 years of age and incapable of self-support because of physical or mental disability; (7) ‘‘firefighter’’ includes an individual serv- ing as an officially recognized or designated member of a legally organized volunteer fire department, including an individual who, as such a member, engages in scene security or traffic management as the primary or only duty of the individual during emergency re- sponse; (8) ‘‘intoxication’’ means a disturbance of mental or physical faculties resulting from the introduction of alcohol into the body as evidenced by— (A) a post-injury blood alcohol level of .20 per centum or greater; or (B) a post-injury blood alcohol level of at least .10 per centum but less than .20 per centum unless the Bureau receives con- vincing evidence that the public safety offi- cer was not acting in an intoxicated manner immediately prior to his fatal or cata- strophic injury; or resulting from drugs or other substances in the body; (9) ‘‘law enforcement officer’’ means an indi- vidual involved in crime and juvenile delin- quency control or reduction, or enforcement of the criminal laws (including juvenile delin- quency), including, but not limited to, police, corrections, probation, parole, and judicial of- ficers; (10) ‘‘member of a rescue squad or ambulance crew’’ means an officially recognized or des- ignated employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that— (A) is a public agency; or (B) is (or is a part of) a nonprofit entity serving the public that— (i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; and (ii) engages in rescue activities or pro- vides emergency medical services as part of an official emergency response system; (11) ‘‘neurocognitive disorder’’ means a dis- order that is characterized by a clinically sig- nificant decline in cognitive functioning and may include symptoms and signs such as dis- turbances in memory, executive functioning (that is, higher-level cognitive processes, such as, regulating attention, planning, inhibiting responses, decision-making), visual-spatial functioning, language, speech, perception, in- sight, judgment, or an insensitivity to social standards; (12) ‘‘sedentary work’’ means work that— (A) involves lifting articles weighing no more than 10 pounds at a time or occasion- ally lifting or carrying articles such as dock- et files, ledgers, or small tools; and (B) despite involving sitting on a regular basis, may require walking or standing on an occasional basis; (13) ‘‘public agency’’ means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Common- wealth of the Northern Mariana Islands, and any territory or possession of the United States, or any unit of local government, de- Page 93 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10284 partment, agency, or instrumentality of any of the foregoing, and includes (as may be pre- scribed by regulation hereunder) a legally or- ganized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship (such as a subscription) a member of the public may have with such a department; and (14) ‘‘public safety officer’’ means— (A) an individual serving a public agency in an official capacity, with or without com- pensation, as a law enforcement officer, as a firefighter, or as a chaplain: Provided, That (notwithstanding section 10285(b)(2) or (3) of this title) the Bureau shall, absent clear and convincing evidence to the contrary as de- termined by the Bureau, deem the actions outside of jurisdiction taken by any such law enforcement officer or firefighter, to have been taken while serving such public agency in such capacity, in any case in which the principal legal officer of such pub- lic agency, and the head of such agency, to- gether, certify that such actions— (i) were not unreasonable; (ii) would have been within the authority and line of duty of such law enforcement officer or such firefighter to take, had they been taken in a jurisdiction where such law enforcement officer or firefighter was authorized to act, in the ordinary course, in an official capacity; and (iii) would have resulted in the payment of full line-of-duty death or disability ben- efits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such public agency, as of the date the actions were taken; (B) a candidate officer who is engaging in an activity or exercise that itself is a formal or required part of the program in which the candidate officer is enrolled or admitted, as provided in this section; (C) an employee of the Federal Emergency Management Agency who is performing offi- cial duties of the Agency in an area, if those official duties— (i) are related to a major disaster or emergency that has been, or is later, de- clared to exist with respect to the area under the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (ii) are determined by the Administrator of the Federal Emergency Management Agency to be hazardous duties; (D) an employee of a State, local, or tribal emergency management or civil defense agency who is performing official duties in cooperation with the Federal Emergency Management Agency in an area, if those offi- cial duties— (i) are related to a major disaster or emergency that has been, or is later, de- clared to exist with respect to the area under the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (ii) are determined by the head of the agency to be hazardous duties; (E) a member of a rescue squad or ambu- lance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the pro- vision of emergency medical services: Pro- vided, That (notwithstanding section 10285(b)(2) or (3) of this title) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bu- reau, deem the actions outside of jurisdic- tion taken by any such member to have been thus authorized or licensed, in any case in which the principal legal officer of such agency or entity, and the head of such agen- cy or entity, together, certify that such ac- tions— (i) were not unreasonable; (ii) would have been within the authority and line of duty of such member to take, had they been taken in a jurisdiction where such member was authorized or li- censed by law and by a pertinent agency or entity to act, in the ordinary course; and (iii) would have resulted in the payment of full line-of-duty death or disability ben- efits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such applicable agency or entity, as of the date the action was taken; (F) omitted (G) an employee or contractor of the De- partment of Energy who— (i) is— (I) a nuclear materials courier (as de- fined in section 8331(27) of title 5); or (II) designated by the Secretary of En- ergy as a member of an emergency re- sponse team; and (ii) is performing official duties of the Department, pursuant to a deployment order issued by the Secretary, to protect the public, property, or the interests of the United States by— (I) assessing, locating, identifying, se- curing, rendering safe, or disposing of weapons of mass destruction (as defined in section 2302 of title 50); or (II) managing the immediate con- sequences of a radiological release or ex- posure. (Pub. L. 90–351, title I, § 1204, formerly § 1203, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 99–500, § 101(b) [title II, § 207], Oct. 18, 1986, 100 Stat. 1783–39, 1783–56, and Pub. L. 99–591, § 101(b) [title II, § 207], Oct. 30, 1986, 100 Stat. 3341–39, 3341–56; renum- bered § 1204 and amended Pub. L. 100–690, title VI, §§ 6105(d), 6106(a)(1), Nov. 18, 1988, 102 Stat. 4341; Pub. L. 101–647, title XIII, §§ 1301(c), 1302, Nov. 29, 1990, 104 Stat. 4834; Pub. L. 103–322, title XXXIII, § 330001(e)(2), Sept. 13, 1994, 108 Stat. 2139; Pub. L. 106–390, title III, § 305(a), Oct. 30, 2000, 114 Stat. 1573; Pub. L. 107–196, § 2(a), June 24, 2002, 116 Stat. 719; Pub. L. 109–162, title XI, § 1164(a), Jan. 5, 2006, 119 Stat. 3120; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(E), Jan. 2, 2013, 126 Stat. 1967; Pub. L. 116–22, title III, § 301(d)(2), June 24, 2019, 133 Stat. Page 94 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10284 933; Pub. L. 116–283, div. C, title XXXI, § 3142, Jan. 1, 2021, 134 Stat. 4386; Pub. L. 117–61, § 3, Nov. 18, 2021, 135 Stat. 1475; Pub. L. 117–172, § 4(b), Aug. 16, 2022, 136 Stat. 2101.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in par. (14)(C)(i), (D)(i), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. CODIFICATION Par. (14)(F) of this section, which was originally en- acted as par. (9)(E) by section 301(d)(2) of Pub. L. 116–22, ceased to have force or effect on Oct. 1, 2021. Prior to being omitted, par. (14)(F) included within the defini- tion of public safety officer an individual appointed to the National Disaster Medical System under section 300hh–11 of Title 42, The Public Health and Welfare, performing official duties of the Department of Health and Human Services that were related to responding to a public health emergency, potential public health emergency, or other activities for which the National Disaster Medical System was activated and that were determined by the Secretary of Health and Human Services to be hazardous. Section was formerly classified to section 3796b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Pub. L. 99–591 is a corrected version of Pub. L. 99–500. PRIOR PROVISIONS A prior section 1204 of Pub. L. 90–351 was renumbered section 1205 and is classified to section 10285 of this title. AMENDMENTS 2022—Par. (11). Pub. L. 117–172, § 4(b)(1), struck out ‘‘and’’ at end. Par. (12)(B). Pub. L. 117–172, § 4(b)(2), substituted semicolon for period at end. Par. (14)(F), (G). Pub. L. 117–172, § 4(b)(3), redesignated subpar. (F) relating to an employee or contractor of the Department of Energy as (G). 2021—Pars. (1) to (3). Pub. L. 117–61, § 3(8), added pars. (1) to (3). Former pars. (1) to (3) redesignated (4) to (6), respectively. Par. (4). Pub. L. 117–61, § 3(2), added par. (4) and struck out former par. (4) which read as follows: ‘‘ ‘cata- strophic injury’ means an injury, the direct and proxi- mate consequences of which permanently prevent an individual from performing any gainful work;’’. Pub. L. 117–61, § 3(1), redesignated par. (1) as (4). Former par. (4) redesignated (7). Par. (5). Pub. L. 117–61, § 3(1), redesignated par. (2) as (5). Former par. (5) redesignated (8). Par. (6). Pub. L. 117–61, § 3(1), (3), redesignated par. (3) as (6) and substituted ‘‘at the time of the public safety officer’s death or fatal injury (in connection with any claim predicated upon such death or injury) or the date of the public safety officer’s catastrophic injury or of the final determination by the Bureau of any claim predicated upon such catastrophic injury’’ for ‘‘at the time of the public safety officer’s fatal or catastrophic injury’’ in introductory provisions. Former par. (6) re- designated (9). Par. (7). Pub. L. 117–61, § 3(1), (4), redesignated par. (4) as (7) and inserted ‘‘, including an individual who, as such a member, engages in scene security or traffic management as the primary or only duty of the indi- vidual during emergency response’’ before semicolon at end. Former par. (7) redesignated (10). Par. (8). Pub. L. 117–61, § 3(1), redesignated par. (5) as (8). Former par. (8) redesignated (13). Par. (9). Pub. L. 117–61, § 3(1), (5), redesignated par. (6) as (9) and substituted ‘‘delinquency),’’ for ‘‘delin- quency).,’’. Former par. (9) redesignated (14). Par. (9)(F). Pub. L. 116–283 added subpar. (F) relating to an employee or contractor of the Department of En- ergy. Par. (9) was subsequently redesignated (14) by Pub. L. 117–61, § 3(1). Par. (10). Pub. L. 117–61, § 3(1), redesignated par. (7) as (10). Pars. (11), (12). Pub. L. 117–61, § 3(9), added pars. (11) and (12). Par. (13). Pub. L. 117–61, § 3(1), (6), redesignated par. (8) as (13) and inserted ‘‘, and includes (as may be pre- scribed by regulation hereunder) a legally organized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship (such as a subscription) a member of the public may have with such a department’’ before ‘‘; and’’. Par. (14). Pub. L. 117–61, § 3(1), redesignated par. (9) as (14). Par. (14)(A). Pub. L. 117–61, § 3(7)(A), added subpar. (A) and struck out former subpar. (A) which read as fol- lows: ‘‘an individual serving a public agency in an offi- cial capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain;’’. Par. (14)(B). Pub. L. 117–61, § 3(7)(C), added subpar. (B). Former subpar. (B) redesignated (C). Par. (14)(C), (D). Pub. L. 117–61, § 3(7)(B), redesignated subpars. (B) and (C) as (C) and (D), respectively. Par. (14)(E). Pub. L. 117–61, § 3(7)(D), added subpar. (E) and struck out former subpar. (E) which read as fol- lows: ‘‘a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the appli- cable agency or entity, is engaging in rescue activity or in the provision of emergency medical services;’’. Pub. L. 117–61, § 3(7)(B), redesignated subpar. (D) as (E). Former subpar. (E), relating to an individual ap- pointed to the National Disaster Medical System under section 300hh–11 of title 42 and whose effect ceased Oct. 1, 2021, redesignated (F). Par. (14)(F). Pub. L. 117–61, § 3(7)(B), redesignated omitted subpar. (E), relating to an individual appointed to the National Disaster Medical System under section 300hh–11 of title 42 and whose effect ceased on Oct. 1, 2021, as (F). See Codification note above. 2019—Par. (9)(E). Pub. L. 116–22, § 301(d)(2), (3), tempo- rarily added subpar. (E) which related to an individual appointed to the National Disaster Medical System under section 300hh–11 of title 42. See Codification note above and Termination Date of 2019 Amendment note below. 2013—Par. (1). Pub. L. 112–239, § 1086(b)(1)(E)(i), sub- stituted ‘‘an injury, the direct and proximate con- sequences of which’’ for ‘‘consequences of an injury that’’. Par. (3). Pub. L. 112–239, § 1086(b)(1)(E)(ii), inserted ‘‘or permanently and totally disabled’’ after ‘‘deceased’’ and substituted ‘‘fatal or catastrophic injury’’ for ‘‘death’’ in introductory provisions and redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively. Par. (5). Pub. L. 112–239, § 1086(b)(1)(E)(iii)(II), (III), re- designated cls. (i) and (ii) as subpars. (A) and (B), re- spectively, and, in subpar. (B), substituted ‘‘fatal or catastrophic injury’’ for ‘‘death’’. Pub. L. 112–239, § 1086(b)(1)(E)(iii)(I), substituted ‘‘post-injury’’ for ‘‘post-mortem’’ in cls. (i) and (ii). Par. (7). Pub. L. 112–239, § 1086(b)(1)(E)(iv), substituted ‘‘employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that—’’ for ‘‘public employee member of a res- cue squad or ambulance crew;’’ and added subpars. (A) and (B). Par. (9)(A). Pub. L. 112–239, § 1086(b)(1)(E)(v)(I), sub- stituted ‘‘or as a chaplain;’’ for ‘‘as a chaplain, or as a member of a rescue squad or ambulance crew;’’. Par. (9)(D). Pub. L. 112–239, § 1086(b)(1)(E)(v)(II)–(IV), added subpar. (D). 2006—Par. (4). Pub. L. 109–162, § 1164(a)(3), struck out ‘‘and an officially recognized or designated public em- Page 95 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10285 ployee member of a rescue squad or ambulance crew’’ before semicolon at end. Par. (6). Pub. L. 109–162, § 1164(a)(4), substituted ‘‘en- forcement of the criminal laws (including juvenile de- linquency).’’ for ‘‘enforcement of the laws’’. Pars. (7) to (9). Pub. L. 109–162, § 1164(a)(1), (2), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. 2002—Pars. (2) to (7). Pub. L. 107–196, § 2(a)(1), (2), added par. (2) and redesignated former pars. (2) to (6) as (3) to (7), respectively. Former par. (7) redesignated (8). Par. (8). Pub. L. 107–196, § 2(a)(1), (3), redesignated par. (7) as (8) and inserted ‘‘as a chaplain,’’ after ‘‘fire- fighter,’’ in subpar. (A). 2000—Par. (7). Pub. L. 106–390 added par. (7) and struck out former par. (7) which read as follows: ‘‘ ‘public safe- ty officer’ means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, a firefighter, or rescue squad or ambulance crew’’. 1994—Par. (3). Pub. L. 103–322 struck out before semi- colon at end ‘‘who was responding to a fire, rescue or police emergency’’. 1990—Par. (1). Pub. L. 101–647, § 1301(c), added par. (1). Former par. (1) redesignated (2). Par. (2). Pub. L. 101–647, § 1302, which directed amend- ment of par. (2) by inserting a period after ‘‘ambulance crew’’ and striking out ‘‘who was responding to a fire, rescue or police emergency.’’, could not be executed be- cause the phrases ‘‘ambulance crew’’ and ‘‘who was re- sponding to a fire, rescue or police emergency.’’ did not appear in text of par. (2). Pub. L. 101–647, § 1301(c)(1), redesignated par. (1) as (2). Former par. (2) redesignated (3). Pars. (3) to (7). Pub. L. 101–647, § 1301(c)(1), redesig- nated pars. (2) to (6) as (3) to (7), respectively. 1988—Pars. (2) to (7). Pub. L. 100–690, § 6105(d), redesig- nated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) defining a ‘‘dependent’’ as any individual substantially reliant for support upon income of deceased public safety officer. 1986—Pub. L. 99–500 and Pub. L. 99–591 inserted ‘‘and an officially recognized or designated public employee member of a rescue squad or ambulance crew who was responding to a fire, rescue or police emergency’’ in par. (3), and substituted ‘‘, a firefighter, or rescue squad or ambulance crew’’ for ‘‘or a firefighter.’’ in par. (7). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in par. (9)(B)(ii) (now (14)(C)(ii)) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–61 effective Nov. 18, 2021, and applicable to any matter pending, before the Bu- reau or otherwise, on Nov. 18, 2021, or filed (consistent with pre-existing effective dates) or accruing after that date, except that amendments to pars. (2) and (7) of this section by Pub. L. 117–61 applicable with respect to in- juries occurring on or after Jan. 1, 2008, see section 8(a) and (b) of Pub. L. 117–61, set out in a note under section 10281 of this title. TERMINATION DATE OF 2019 AMENDMENT Pub. L. 116–22, title III, § 301(d)(3), June 24, 2019, 133 Stat. 933, provided that: ‘‘The amendments made by paragraphs (1) and (2) [amending this section and sec- tion 300hh–11 of Title 42, The Public Health and Wel- fare] shall cease to have force or effect on October 1, 2021.’’ EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain excep- tions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–196 effective Sept. 11, 2001, and applicable to injuries or deaths that occur in the line of duty on or after such date, see section 2(c) of Pub. L. 107–196, set out as a note under section 10281 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–390, title III, § 305(b), Oct. 30, 2000, 114 Stat. 1574, provided that: ‘‘The amendment made by sub- section (a) [amending this section] applies only to em- ployees described in subparagraphs (B) and (C) of sec- tion 1204(7) [now 1204(14)(C) and (D)] of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10284(14)(C), (D)] (as amended by subsection (a)) who are injured or who die in the line of duty on or after the date of the enactment of this Act [Oct. 30, 2000].’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–647 effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 of Pub. L. 101–647, set out as a note under section 10281 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 6105(d) of Pub. L. 100–690 effec- tive June 1, 1988, see section 6105(e) of Pub. L. 100–690, set out as a note under section 10281 of this title. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 10285. Administrative provisions (a) Rules, regulations, and procedures The Bureau is authorized to establish such rules, regulations, and procedures as may be necessary to carry out the purposes of this sub- chapter. Such rules, regulations, and procedures will be determinative of conflict of laws issues arising under this subchapter. Rules, regula-

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10284 — Definitions

As used in this subchapter— (1) “action outside of jurisdiction” means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of security services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that— (A) was taken in a jurisdiction where— (i) the law enforcement officer or firefighter then was not authorized to act, in the ordinary course, in an official capacity; or (ii) the member of a rescue squad or ambulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; (B) then would have been within the authority and line of duty of— (i) a law enforcement officer or a firefighter to take, who was authorized to act, in the ordinary course, in an official capacity, in the jurisdiction where the action was taken; or (ii) a member of a rescue squad or ambulance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and (C) was, in an emergency situation that presented an imminent and significant danger or threat to human life or of serious bodily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (including an incident of juvenile delinquency); or (II) while engaging in a rescue activity or in the provision of emergency medical services; (ii) by a firefighter— (I) while engaging in fire suppression; or (II) while engaging in a rescue activity or in the provision of emergency medical services; or (iii) by a member of a resc

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5121 — Congressional findings and declarations

§ 5121. Congressional findings and declarations (a) The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the nor- mal functioning of governments and commu- nities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the ren- dering of aid, assistance, and emergency serv- ices, and the reconstruction and rehabilitation of devastated areas, are necessary. (b) It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of ex- isting disaster relief programs; (2) encouraging the development of com- prehensive disaster preparedness and assist- ance plans, programs, capabilities, and organi- zations by the States and by local govern- ments; (3) achieving greater coordination and re- sponsiveness of disaster preparedness and re- lief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtain- ing insurance coverage to supplement or re- place governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including de- velopment of land use and construction regu- lations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities. (Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5121

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